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Email contract?

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mpac1365

Member
What is the name of your state? New Jersey

A business contact sent an email stating he had sent me 'item A'.

Five days pass and nothing arrives in the mail - I called my contact on the phone and he says he has changed his mind.

I can verify through phone records and at least one other person, and several emails, that my business contact is/was the one who sent the original email.

Is this email contract legal?
Do I have recourse to seek damages or an out of court settlement?

Thanks.
 


seniorjudge

Senior Member
mpac1365 said:
What is the name of your state? New Jersey

A business contact sent an email stating he had sent me 'item A'.

Five days pass and nothing arrives in the mail - I called my contact on the phone and he says he has changed his mind.

I can verify through phone records and at least one other person, and several emails, that my business contact is/was the one who sent the original email.

Is this email contract legal?
Do I have recourse to seek damages or an out of court settlement?

Thanks.
Based solely on your statement of the facts, there is no contract. It is one-sided; there is no agreement; and there is no consideration. The rest, then, is irrelevant.


Definitions of contract on the Web:

* enter into a contractual arrangement
* sign: engage by written agreement; "They signed two new pitchers for the next season"
* compress: squeeze or press together; "she compressed her lips"; "the spasm contracted the muscle"
* shrink: become smaller or draw together; "The fabric shrank"; "The balloon shrank"
* be stricken by an illness, fall victim to an illness; "He got AIDS"; "She came down with pneumonia"; "She took a chill"
* make smaller; "The heat contracted the woollen garment"
* condense: compress or concentrate; "Congress condensed the three-year plan into a six-month plan"
* a binding agreement between two or more persons that is enforceable by law
* (contract bridge) the highest bid becomes the contract setting the number of tricks that the bidder must make
* narrow: make or become more narrow or restricted; "The selection was narrowed"; "The road narrowed"
* a variety of bridge in which the bidder receives points toward game only for the number of tricks he bid
* abridge: reduce in scope while retaining essential elements; "The manuscript must be shortened"
wordnet.princeton.edu/perl/webwn

* A contract is any legally-enforceable promise or set of promises made by one party to another and, as such, reflects the policies represented by freedom of contract. In the civil law, contracts are considered to be part of the general law of obligations. This article describes the law relating to contracts in common law jurisdictions.
en.wikipedia.org/wiki/Contract

* (1) A term of reference describing a unit of trading for a commodity future or option; (2) an agreement to buy or sell a specified commodity, detailing the amount and grade of the product and the date on which the contract will mature and become deliverable.
www.cftc.gov/opa/glossary/opaglossary_co.htm

* the agreement drawn up between the publisher and the author to confirm payment terms, royalty, respective responsibilities etc at the point of acquisition.
www.osi.hu/cpd/resources/paglossary.htm

* An oral or written agreement between two or more parties which is enforceable by law.
www.utcourts.gov/resources/glossary.htm

* An agreement regarding mutual responsibilities between two or more parties.
www.powerhomebiz.com/Glossary/glossary-C.htm

* A binding agreement between two or more parties for the doing or not doing of certain things. A contract of insurance is embodied in a written document called the policy.
www.1adv-term-life-insurance.com/glossary_c.htm

* Similar to a deposit administration contract except that an IPG contract does not fully protect the plan sponsor against investment loss, nor does the IPG contract guarantee minimum investment returns. See also deposit administration contract.
www.1stinsured.com/i.htm

* means the agreement between the Company and the Buyer for the purchase from the Company by the Buyer of Goods
www.hilti.co.uk/holuk/base/base_terms.jsp

* An agreement between two or more persons which creates an obligation to do or not to do a particular thing. A legally enforceable agreement between two or more competent parties made either orally or in writing.
brandonlclark.com/glossary.html

* A legally enforceable agreement between two or more competent parties made either orally or in writing.
courts.delaware.gov/How%20To/court%20proceedings/

* An agreement between two or more people, or entities, that creates or modifies a legal commitment.
nwmservices.com/glossary.shtml

* The standard unit of trading.
www.forexcourse.com/forex-glossary.html

* An agreement to buy or sell a specified amount of a particular currency or option for a specified month in the future (See Futures contract).
www.fx-forex-trading.com/glossary.htm

* A mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the acquirer to an expenditure of appropriate funds and that, except otherwise authorized, are in writing. ...
sparc.airtime.co.uk/users/wysywig/gloss.htm

* An oral or written agreement to do or not to do a certain thing.
www.reidepot.com/Glossary/c.html

* A legal instrument reflecting a relationship between the United States Government and a State, a local government, or other recipient when (1) the principal purpose of the instrument is to acquire (by purchase, lease, or barter) property or services for the direct benefit or use of the United States Government; or (2) the agency decides in a specific instance that the use of a procurement contract is appropriate. (31 USC 6303)
https://radius.rand.org/radius/demo/glossary.html

* Is the action of contracting a muscle. Often in dance its referred to the abdominal contraction
www.offjazz.com/term-jz.htm

* An agreement between the insurer and the insurance company that provides a legally enforceable obligation to provide benefit payments for all premium amounts received. Contract Bond: A bond used to guarantee the performance of a construction contract and the payment of all materials and labor bills.
www.kellerlowry.com/glossary/glossary_c.htm

* A legally binding agreement between two or more parties.
www.insurexchange.com/glossary/premiumfinance.htm

* An agreement between competent parties to do or not do certain things for consideration.
www.financeandimprove.com/glossary.html

* An agreement between two or more parties. In the context of this glossary, a contract refers to the agreement between the contractor and owner, or between the architect and owner.
www.aiapvc.org/glossary.htm

* A mutually binding agreement in which the contractor is obligated to provide services or products and the buyer is obligated to provide payment for them. Contracts fall into three categories: fixed price, cost reimbursable or unit price.
www.welcom.com/content.cfm

* A legally enforceable agreement to do, or not to do, a particular thing for a consideration.
www.mostreferred.com/resources/glossary-c.html

* An agreement between the Community and the participants concerning the performance of an indirect action establishing rights and obligations between the Community and the participants on the one hand, and between the participants in that indirect action, on the other.
europa.eu.int/comm/research/fp6/mariecurie-actions/glossary/glossary_en.html

* Unit of trading for a financial or commodity future. Also, actual bilateral agreement between the parties (buyer and seller) of a futures or options on futures transaction as defined by an exchange.
www.altusgroup.com/generalglossary/c.asp

* Catch (specifically to catch a disease).
www.malariahotspots.co.uk/html/en/services/glossary/
 

mpac1365

Member
Sooo

Soo, this is not a legally enforceable promise?

He emailed and promised me 'A'.

'A' never arrived and he says he changed his mind.

"I sent you 'A'. I hope it helps". - is not a legal promise?
 

weenor

Senior Member
mpac1365 said:
Soo, this is not a legally enforceable promise?

He emailed and promised me 'A'.

'A' never arrived and he says he changed his mind.

"I sent you 'A'. I hope it helps". - is not a legal promise?

No in order for you to have an enforceable contract in this situation you need a written agreement stating the terms signed by the party against whom enforcement is sought.
 

Zigner

Senior Member, Non-Attorney
mpac1365 said:
"I sent you 'A'. I hope it helps". - is not a legal promise?

Nope, it's not a contract and it's not even a promise (legal or otherwise). It is simply a statement, true or untrue.
 

divgradcurl

Senior Member
weenor said:
No in order for you to have an enforceable contract in this situation you need a written agreement stating the terms signed by the party against whom enforcement is sought.

That's not accurate. You don't need a signed writing to have an enforceable contract. The problem here is that there is no consideration, so there is no contract in the first place.
 

weenor

Senior Member
divgradcurl said:
That's not accurate. You don't need a signed writing to have an enforceable contract. The problem here is that there is no consideration, so there is no contract in the first place.


I agree no consideration has been posted here...I was assuming there was considered offered in the alleged agreement and that OP is seeking specific performance of the agreement (i.e. settlement agreement- consideration offered and accepted, but if not in writing cannot be enforced.) Just a different angle..either way with no meeting of the minds there is no contract. :cool:
 

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